EB-1B – Green Card options for Researchers or Professors

An “Outstanding Researcher or Professor” EB-1B immigrant visa is for applicants who are internationally recognized as outstanding in a particular scientific or scholarly field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. This means the petitioning employer must demonstrate that the applicant has outstanding ability as a researcher or professor and has a permanent job offer from the employer. The outstanding researcher/professor applicant must have the sponsorship of his/her employer throughout the petitioning process. The employer is the petitioner and the outstanding researcher/professor is the beneficiary for the EB-1B process.

There are three (3) main requirements for someone seeking a petition as an “Outstanding Researcher/Professor”, including:
International recognition for being outstanding in a specific academic field;
No less than three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the applicant/professor has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The applicant must document his/her work history with letters from current and/or former employers describing work duties and years of employment; and
A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

Example:

Dr. Strings has been offered a tenure track teaching position as an Associate Professor of Music at Berkeley. He is internationally recognized as an outstanding professor in the field of music education, and has been teaching and researching in this field for more than three years.

Dr. String qualifies as an ”Outstanding Professor” since he is internationally recognized within his field, has at least three years of relevant teaching experience, and has been offered a permanent teaching position.

Example:

Dr. Green has been working in the field of biomedicine for more than 10 years. She has been offered a permanent research position as a postdoc associate at Vanderbilt university. She has made original contributions to the field of bone density development, and professional articles (scholarly etc) have been published regarding her work. She is internationally recognized as an outstanding researcher in the field of biomedical science.

Dr. Green likely qualifies as an “Outstanding Researcher” since she has at least three years of relevant research experience, has been offered a permanent research position, and has an outstanding reputation within his field.

For the sake of clarification, a permanent job offer is one where the employee has a reasonable expectation of employment in the future. As a rule, but not always the case, all job offers are considered permanent job offers, with the exception of contract offers that specify a particular duration for employment

As with all employment-based first preference petitions, no Labor Certifications are required to obtain an EB-1B immigrant visa.

As an overview:  To be recognized internationally as an Outstanding Researcher or Professor in one’s field requires at least two (2) of the following types of evidence:

Receipt of major prizes or awards for outstanding achievement.
Membership in associations which require outstanding achievements of their members.

Published material in professional publications written by others about the applicant’s work (more than merely citing the applicant’s work).
Participation as a judge (individually or as a part of a panel) evaluating the work of others in the same field or concentration.
Original scientific, scholarly, or artistic contributions in the field.
Evidence of authorship of scholarly books/articles in journals with an international circulation.

 

Vaccination & Medical Examination Requirements

Per United States’ immigration law, all incoming immigrants are required to have updated vaccinations as well as a medical examination. One of the last steps in the immigration process is an interview with the United States Citizenship and Immigration Services (USCIS) office closest to you. A copy of the medical examination, Form I-693, which will include a list of all previously obtained and administered vaccinations, should be taken with you to the USCIS interview.

Required vaccinations are listed below:

  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus and Diphtheria Toxoids
  • Pertussis
  • Haemophilus influenzae type B
  • Hepatitis B
  • Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization

If you are applying for an Adjustment of Status (AOS) within the United States, currently the time lapse between filing your petition and having an interview with USCIS is around 3-4 months. If you are outside of the U.S. and applying for Consular processing (I-130 IV) the time lapse between filing your petition and the interview will vary country to country and is determined by the following:

  • The demand for and supply of immigrant visas.
  • The per-country visa limitations.
  • The number of visas allocated for your preference category.

Our office can give you an estimate of the number of months you’re looking at based on the country you’re in and time of filing. (https://egov.uscis.gov/cris/processTimesDisplayInit.do) Use this timeline to determine when you should go see an approved civil surgeon for the examination. You can always submit Form I-693 with your petition, however, if there are any unforeseen delays, and your case extends beyond one year, you will have to obtain another one. Form I-693 will expire after one year. Because of this, our office recommends having the medical examination done as close to your interview date as possible.

Medical evaluations should be obtained from a civil surgeon in the United States or, if you’re outside of the U.S., by an approved panel physician designated by the U.S. Department of State. Vaccinations can be obtained from the same civil surgeon that you receive the medical examination from or you may receive them from your primary healthcare provider. You should bear in mind, though, that only approved civil surgeon’s can sign off on Form I-693, meaning that you would then need to return to the approved civil surgeon for signature after all vaccinations have been administered.

Approved civil surgeons can be found by following the link below:

https://my.uscis.gov/findadoctor

There are many variables when it comes to what types of vaccinations you will need. If you decline a vaccination for an unapproved reason, it is likely that your petition may be denied. Please consult one of the approved civil surgeons or the links below if you have any concerns or questions regarding your circumstances.

Links to additional information regarding vaccinations and the medical evaluation are listed below.

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/technical-instructions-civil-surgeons.html

http://www.cdc.gov/vaccines/

https://www.uscis.gov/news/questions-and-answers/vaccination-requirements